Full question:
I leased a washer and dryer. I have not made a payment in two weeks and the manger just called and told me that he was going to swear out a warrant for my arrest tomorrow. I told him to come and pick up the stores appliances. He told me that it was my responsibility to make the payment and would not say if they would are would not come and pick them up. So can he have me arrested from stolen property?
- Category: Landlord Tenant
- Subcategory: Lease Payments
- Date:
- State: Minnesota
Answer:
Under Minnesota law, theft occurs when someone intentionally takes or retains possession of another person's property without consent, intending to deprive the owner of it permanently (Minn. Stat. § 609.52). In your case, since you leased the washer and dryer, they are considered the property of the leasing company.
If you fail to make payments, the leasing company may have grounds to claim that you are wrongfully retaining their property. This could potentially lead to charges of theft if they decide to pursue legal action. However, the manager's threat to swear out a warrant for your arrest may not be legally justified unless they can prove you intended to permanently deprive them of the appliances.
It is advisable to communicate with the leasing company about your situation and seek to resolve the payment issue. If they do not agree to pick up the appliances, you may want to consult with a legal professional for guidance on your rights and obligations.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.